4123.73
Participation by employers of less than three persons.

Any employer who employs less than three employees regularly in
the same business, or in or about the same establishment, who pays into the
state insurance fund the premiums provided by this chapter, is not liable to
respond in damages at common law or by statute, for injuries or death of any
such employees, wherever occurring, during the period covered by such premiums,
provided the injured employee has remained in his service with notice, as
provided in section
4123.83 of the Revised Code, that
his employer has paid such premiums into the state insurance fund. The
continuation in the service of such employer with such notice shall be deemed a
waiver by the employee of his right of action.

Any person who employs one or more individuals who are not
employees as defined in section
4123.01 of the Revised Code, who
pays into the state insurance fund the premiums provided by this chapter, is
not liable to respond in damages at common law or by statute for injuries or
death of any such individuals, wherever occurring, during the period covered by
such premiums, provided the injured individual has remained in the service of
such person with notice that his employer has paid such premiums into the state
insurance fund. The continuation in the service of such employer with such
notice, as provided in section
4123.83 of the Revised Code, shall
be deemed a waiver by the individual of his right of action.